Post IP completion day: Which court has jurisdiction in restructuring and insolvency cases? [Archived]

The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:

  • Post IP completion day: Which court has jurisdiction in restructuring and insolvency cases? [Archived]
  • What is jurisdiction?
  • Post IP completion day
  • Interplay between the Retained Recast Regulation on Insolvency and the Lugano Convention
  • INSOL Europe: European Insolvency Regulation Case Register—guidance from other countries
  • Scottish guidance

Post IP completion day: Which court has jurisdiction in restructuring and insolvency cases? [Archived]

This Practice Note is now archived and no longer maintained.

What is jurisdiction?

Jurisdiction is the authority of the court to determine a dispute between parties. The court will need to have two forms of jurisdiction:

  1. jurisdiction over the parties, and

  2. jurisdiction over the subject matter of the dispute

For further details of the issues relating to jurisdiction, see Practice Notes: Understanding jurisdiction—a guide for Dispute Resolution practitioners.

Post IP completion day

For proceedings commenced from IP completion day onwards, the key jurisdiction regimes in cross-border restructuring and insolvency matters include:

  1. Retained Regulation (EU) 2015/848, Retained Recast Regulation on Insolvency: applies to main proceedings commenced from IP completion day onwards (see Practice Note: Brexit—impact on Recast Regulation on Insolvency)

  2. Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark, signed on behalf of the European Community on 30 October 2007 (the Lugano Convention)—applies to disputes involving Switzerland, Norway or Iceland. The UK has applied to join in its own right (see Practice Note: Tracker—Lugano Convention 2007). For further information on the Lugano Convention, see Practice Note: Lugano Convention 2007—general provisions in relation to jurisdiction. It excludes bankruptcy, proceedings relating to

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